Judge denies Chatham-Kent police officer’s charter application

A charter application by a Chatham-Kent police officer charged after a one-vehicle crash in January 2022 has been denied.

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Const. Bryan Vaughan, charged with impaired driving and failing to report an accident while off-duty, was seeking a stay of proceedings under the Charter of Rights and Freedoms.

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A charter application is made if it is believed the police or Crown has done something that breached the rights of the accused.

After hearing testimony during a charter application hearing, Ontario Justice George Orsini denied the stay in a teleconference Thursday.

Vaughan had sought to exclude breath test results, observations of him and statements he made to Chatham-Kent police officers on Jan. 5, 2022. He also alleged his cellphone was searched illegally.

Vaughan’s application alleged police entered his property illegally without invitation to gather evidence of a criminal offense. He also claimed officers didn’t properly bail him when they arrived.

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Court heard earlier that Sgt. Shawn Mungar and Const. Fraser Leontowicz were called to a single-vehicle crash about 7 pm on Jan. 5, 2022.

The officers learned a man wearing a blue robe had been in the vehicle, which was registered to Vaughan, court heard. The windshield above the steering wheel was cracked.

The officers went to Vaughan’s home, court heard, where both testified Vaughan’s wife answered the door and invited them in after they asked if her husband was home.

Both officers testified they went to Vaughan’s home to check on his well-being based on the damage seen on the driver’s side windshield. They also were investigating the crash.

“Both officers denied attending the residence as part of criminal investigation or impaired driving,” Orsini said.

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The officers testified that when Vaughan came to the door, wearing a blue bathrobe and with a “fresh abrasion” on his forehead, “it was immediately apparent to them” Vaughan was “substantially intoxicated,” the judge said.

Vaughan claimed his wife was the one involved in the crash, court heard.

Orsini said he accepted Mungar’s evidence of the “investigative purpose” of the officers’ trip to Vaughan’s home.

Mungar didn’t immediately arrest Vaughan for impaired driving “despite what appeared to be overwhelming objective grounds for so doing,” the judge said. Evidence shows the officer waited about 20 minutes, making the arrest only after Vaughan claimed his wife had been driving.

The whole interaction occurred primarily in the foyer of the home, Orsini said, and officers didn’t search the home for Vaughan or evidence of alcohol consumption.

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The claim the cellphone was searched illegally stemmed from Leontowicz approaching the Crown after testing to admit he was unsure of his evidence.

There was a discrepancy about how Leontowicz learned of text messages between Vaughan and his wife on the night of the incident.

The judge credited Leontowicz for immediately notifying the Crown. “This was the right thing to do,” he said, adding he didn’t believe the officer was trying to mislead the court or cover up his actions.

Noting impaired driving is a serious offense, the judge said even if he is wrong about the cellphone search, he’s not sure it’s “one of those clearest of cases that should result in a stay of proceedings.”

The alleged breach regarding the cellphone has no impact on Vaughan’s right to a fair trial or his ability to defend the charges, Orsini found.

He also ruled the officers’ observations of Vaughan, his statements and breath test results can be used as evidence against him.

The matter returns to court Jan. 15, 2024.

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